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    <title>1965 (9) TMI 61 - MADRAS HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=180781</link>
    <description>Penalty for concealment of income under section 28(1)(c) was not justified because the assessee had disclosed the disputed Vellarmalai Estate entry in its books and consistently explained that the receipts and expenses were handled on behalf of a company to be formed. The revenue did not make effective further enquiry or prove that the explanation was false, nor that the books reflected a deceptive suppression of income. The court held that concealment requires deliberate and conscious suppression with mens rea, and a mere omission or mistaken accounting entry is insufficient. On the materials, the explanation appeared bona fide and was supported by the later transfer to the new company, so deliberate concealment was not proved.</description>
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    <pubDate>Wed, 22 Sep 1965 00:00:00 +0530</pubDate>
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      <title>1965 (9) TMI 61 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=180781</link>
      <description>Penalty for concealment of income under section 28(1)(c) was not justified because the assessee had disclosed the disputed Vellarmalai Estate entry in its books and consistently explained that the receipts and expenses were handled on behalf of a company to be formed. The revenue did not make effective further enquiry or prove that the explanation was false, nor that the books reflected a deceptive suppression of income. The court held that concealment requires deliberate and conscious suppression with mens rea, and a mere omission or mistaken accounting entry is insufficient. On the materials, the explanation appeared bona fide and was supported by the later transfer to the new company, so deliberate concealment was not proved.</description>
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      <pubDate>Wed, 22 Sep 1965 00:00:00 +0530</pubDate>
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